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Gloria Greenish and 4 Ors v. Henricus Johannes Maria Wienties and 2 Ors

2016

COURT OF APPEAL

GHANA

CORAM

  • Ofoe, J.A. (Presiding)
  • Acquaye, J.A.
  • Welbourne (Mrs.), J.A.

Areas of Law

  • Civil Procedure
  • Probate and Succession

AI Generated Summary

The case involves a dispute over the estate of the late Mr. Joseph Hansen Owusu Sechere. His children, as beneficiaries, filed an action against the occupants of the deceased's leased property. The trial court dismissed the action on the grounds that the plaintiffs lacked the capacity to sue without a vesting assent. The plaintiffs appealed, arguing their right to protect the estate. The appeal was dismissed. The court held that without a vesting assent, the plaintiffs could not maintain an action regarding the devised property. Various legal principles regarding probate, succession, and the distinction between final and interlocutory judgments were addressed.

JUDGMENT